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FRAUDULENTLY OBTAINED COURT ORDER

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1 FRAUDULENTLY OBTAINED COURT ORDER on Mon Apr 30, 2018 6:03 am

canadianmom


Arresto Menor
I have a 7 year old son with a Filipino national - a former Congressman and wealthy businessman. We are not married so our son is illegitimate under Filipino law. I am Canadian and have lived in Canada with my son since 2014. My son's father obtained a court order for joint parental authority in 2015 by fraudulent means - having me served with papers at an address he knew I no longer resided at in Boracay. He then proceeded with a custody hearing (denying me my right to respond as I never received the summons) and was granted joint parental authority on false testimony that I was a habitual drunk, mentally unfit, an unfit parent, and racist. (All ridiculous lies). This court order was fraudulently obtained. What can I do?

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2 Re: FRAUDULENTLY OBTAINED COURT ORDER on Mon Apr 30, 2018 12:54 pm

xtianjames


Reclusion Perpetua
you can file a counter case to dispute the court order. However, you will have to be present in the Philippines.

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3 Re: FRAUDULENTLY OBTAINED COURT ORDER on Mon Apr 30, 2018 1:16 pm

canadianmom


Arresto Menor
xtianjames wrote:you can file a counter case to dispute the court order. However, you will have to be present in the Philippines.

Thank you. His lawyer's have offered a compromise agreement - but that seems unsuitable to me. I want the order vacated. Do you think he could face criminal charges of fraud?

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4 Re: FRAUDULENTLY OBTAINED COURT ORDER on Mon Apr 30, 2018 1:17 pm

canadianmom


Arresto Menor
xtianjames wrote:you can file a counter case to dispute the court order. However, you will have to be present in the Philippines.

Thank you. His lawyer's have offered a compromise agreement - but that seems unsuitable to me. I want the order vacated. Do you think he could face criminal charges of fraud?

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5 Re: FRAUDULENTLY OBTAINED COURT ORDER on Mon Apr 30, 2018 2:36 pm

xtianjames


Reclusion Perpetua
yes it is possible granted you can provide sufficient proof that he manipulated the court to obtain the favorable judgement. what I would advise is for you to collect all of your evidences against your claim then consult with a lawyer.

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6 Re: FRAUDULENTLY OBTAINED COURT ORDER on Mon Apr 30, 2018 7:36 pm

attyLLL


moderator
Custody decisions are never final. You can either file a petition in the same court and adduce proof of this fraud or that the court never acquired jurisdiction over you through valid summons or a petition in the court of appeals to vacate the decision.

in any case, you seem to be located in canada so is there an imminent threat?


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